*BSD News Article 2887


Return to BSD News archive

Path: sserve!manuel!munnari.oz.au!hp9000.csc.cuhk.hk!uakari.primate.wisc.edu!sdd.hp.com!swrinde!cs.utexas.edu!uunet!mcsun!news.funet.fi!hydra!klaava!torvalds
From: torvalds@klaava.Helsinki.FI (Linus Benedict Torvalds)
Newsgroups: comp.unix.bsd
Subject: Re: AT&T vs. BSDI --> 4.3BSD-NET2 distribution requires AT&T license!!!
Keywords: AT&T 'Death Star' rises over BSDI's horizon [Tel. 1-800-800-4BSD
Message-ID: <1992Aug1.114436.8733@klaava.Helsinki.FI>
Date: 1 Aug 92 11:44:36 GMT
References: <l6nibgINNje6@neuro.usc.edu> <1992Jul21.152007.1126@news2.cis.umn.edu> <1992Jul30.174414.28488@kas.helios.mn.org>
Organization: University of Helsinki
Lines: 39

In article <1992Jul30.174414.28488@kas.helios.mn.org> rhealey@kas.helios.mn.org (Rob Healey) writes:
>In article <1992Jul21.152007.1126@news2.cis.umn.edu> rodeen@buddha.ncc.umn.edu (Rick Odeen) writes:
>=I don't think this is a valid claim, Linus Torvalds developed the Linux
>=system in less than one year from scratch.
>=
>	Where did Linus get 99% of his MODELS for Linux? Ans: USL and BSD
>	UNIX. "We stand on the shoulders of giants..."

Indeed - the /concepts/ of linux are naturally based on things that have
been available in USL and BSD code.  That doesn't mean that there is any
risk of linux being sued by AT&T - they are all properly documented
features, and thus AT&T cannot claim any infringement due to things like
uid/setgid etc general unix interfaces. 

The problem with BSDI and 386BSD is that they have a bit more to prove
than linux: BSD has been developed with free access to AT&T code (and
nobody tries to argue otherwise), and there has been a flow of
information both ways (arguably the flow has been bigger in the BSD ->
AT&T direction, but that isn't the point).  Linux, on the other hand,
has been coded without /any/ AT&T code - not even as a starting point. 
I simply don't have access to any AT&T code even if I wanted to use it,
which I don't. 

So if AT&T claims that BSDI (or 386BSD) couldn't have been developed in
such a short time without AT&T sources, linux is indeed an argument
against that claim.  If one person can write a perfectly functional
system in one year on his home machine (and some people that have tried
both and don't need networking even /prefer/ linux to 386bsd), then a
couple of knowledgeable people shouldn't have any problem to remove all
the AT&T code.

Note that linux isn't the only system that can claim being free from
AT&T code: coherent, minix, etc have all been commercial for a long
time, and USL hasn't tried to sue them.  But linux is special in that
it's been developed in a very short time, and thus can be used as a
counter-argument to the USL claim that the BSDI developement would have
been impossible without AT&T code. 

			Linus